The Ombudsman's final decision
Summary: We will not investigate this complaint about traffic management. This is because there is not significant enough injustice to justify an investigation.
The complaint
Mr Y complains the Council has implemented a junction change without full public disclosure prior to the works.
Mr Y says the change has led to an increase in traffic noise and pollution in the area.
The Ombudsman’s role and powers
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information Mr Y and the Council provided and the Ombudsman’s Assessment Code.
My assessment
Mr Y complained to the Council in February 2022. The Council responded, explaining the benefits of the road junction change Mr Y had complained about. It also explained there were changes across the road network in the area and the congestion would improve as the works were completed. It said it would continue to monitor the air quality in the area, both in the short term and as the work continued. It also said it would monitor it on an annual basis once the works had been completed. It then confirmed this as its final response in March. Mr Y then approached us.
Analysis We must also consider whether any fault has caused the person complaining an injustice. If we decide any injustice is not significant enough to justify our involvement, we will not investigate a complaint.
Mr Y says his injustice is the decreased air quality, increased traffic noise and congestion which he is concerned will lead to accidents. While Mr Y is concerned, this is not significant enough of an injustice to Mr Y to justify investigating the complaint. Consequently, we will not investigate.
Final decision
We will not investigate Mr Y’s complaint because there is not significant enough injustice to justify an investigation.
Investigator's decision on behalf of the Ombudsman